Harassment and bullying in the workplace can impact an employee's psychological health and safety. Unaddressed aggression or unresolved conflicts can create crisis in the workplace.
Harassment and bullying
Employers have an obligation to maintain a workplace free from discrimination and harassment under human rights legislation. In developing a policy to prevent harassment or bullying, the focus needs to be on preventing and responding to harmful behaviours. The intention is to have psychologically safe interactions among all workplace stakeholders. The following is information to provide context for the prevention of workplace harassment and bullying.
The various legal definitions of harassment don't cover all patterns of behaviour that could have a negative impact. Sources like, Mental Health Works, recommend that harassment policies go beyond what's defined in human rights legislation. They should include any harassment that affects the worker's psychological well-being. For example, see Sections 36 and 37 of the Occupational Health and Safety Regulations, 1996 under the Saskatchewan employment act.
The Canadian Centre for Occupational Health and Safety (CCOHS) offers this information related to workplace bullying. It is adapted below:
- Bullying is usually seen as acts or verbal comments that could harm or isolate a person at work.
- Sometimes bullying can involve negative physical contact as well.
- Bullying usually involves a pattern of behaviour meant to intimidate, offend, degrade or humiliate.
- In many jurisdictions, employers have a general duty to protect employees from risks at work. This duty can mean both physical harm and mental health.
- In general, there will be differences in opinion and sometimes conflicts at work. However, behaviour that is unreasonable and offends or harms any person should not be tolerated.
What if the bully has a mental illness?
The Canadian Mental Health Association reports that:
- As a group, people with mental health issues are not more violent than any other group in our society.
- People with mental illness are two and a half to four times more likely to be the victims of violence than any other group in our society.
Stop the bullying: Either the bully or the target could have a mental health issue, but there is no excuse to allow bullying behaviour to continue. Make sure the behaviour is stopped immediately.
Use the rule out rule: It is important to rule out a disability as the cause for the behaviour before beginning disciplinary action. Ask the employee if there is a health issue that may be impacting their behaviour at work. If this is the case, you may need to consider accommodation before, or instead of, discipline. This does not mean that the behaviour should be allowed to continue. You may wish to refer to Identifying employee issues for leaders for more information.
Help link both parties to effective help:
If the bully is struggling with their mental health, it's important to clarify which behaviours aren't appropriate. The legal duty to accommodate a person with a disability does not include allowing behaviours that harm others. If they're unable to comply, they cannot continue to have a negative impact on others in the workplace. This may mean they need to take leave to treat their mental illness. This is as much for the sake of their reputation and well-being as it is for those they may be harming. Share organizational and community resources with your employees.
If the employee being targeted is experiencing mental health problems, it could alter their perception of the situation. Some may judge them as overreacting or hypersensitive. Steps should still be taken to immediately stop the behaviour that's being experienced. Even if the behaviour does not fit into your policy definition of bullying, the psychological harm can be significant. If you have an employee who is dealing with what they perceive to be bullying behaviour, you may wish to share Protecting ourselves from bullying.
Develop policy
Review or include each of the following in your policy:
- Relevant legislation on workplace harassment and bullying.
- Goals and objectives that are clearly stated.
- Definition of what constitutes harassment or bullying. Include "harassment that adversely affects the worker's psychological well-being." Also, make a distinction about what constitutes sexual harassment.
- Consequences for violation and a clear statement that harassment and bullying at work is not tolerated.
- Code of Conduct, where relevant, as a reference in the policy. Ensure it includes both formal and informal interactions. Include specific examples of inappropriate behaviour that may be a grey area for some such as in terms of sexual harassment.
- Distinction between an isolated incident and repeated behaviour.
- Management's responsibility for handling a report of harassment or bullying.
- Role of employees in identifying and reporting incidents of harassment or bullying. Make sure to emphasize that confidentiality is guaranteed.
- Who will investigate or handle a complaint and how they will be chosen.
- Procedure to resolve complaints.
- Value of informal resolution before a complaint is officially filed. Offer suggestions on how a resolution may be reached.
- Assurance that allegations of harassment and bullying will be dealt with seriously, quickly, and confidentially.
- Assessment of common areas of risk associated with workplace harassment and bullying:
- Employees who may be more likely to be the target of bullying and harassment. For example, new employees or those who represent a minority in the workplace. If necessary, offer inclusivity training and create a code of conduct that addresses these issues. See also Discrimination prevention and inclusion.
- Review the section above titled: What if the bully has a mental illness?. Even if there is a duty to accommodate an employee with a mental illness, the need to stop the behaviour still exists.
- Consider how any organizational change may increase the risk of harassment or bullying. For example, if anyone has shown harassment or bullying behaviours and has now expanded to authority and influence .
- Clear conflict resolution process.
- Consequences for frivolous or vexatious complaints made with malicious intent.
Policy processes and procedures should include:
- Legal review of the policy, if appropriate.
- Regular reviews by management to ensure that the policy continues to be relevant.
- Communication of the policy and key messages to all employees, including senior personnel.
- Providing a copy of the policy to all new employees upon hiring or transfer.
- Acknowledgment in writing or by email from all employees that they have received and read the policy
- Posting of the policy, with any amendments in a place where all employees will see it and have regular access to it.
- Instructions to all leaders about what is expected of them in carrying out the policy. This includes documenting fair observations of possible harassment or bullying.
- Annual discussion between leaders and their staff about this particular policy.
Develop processes and procedures
Workplace watch on harassment and bullying:
Ask employees to be watchful for harassment and bullying in the workplace and assume responsibility for speaking up. Encourage employees to intervene if they feel it's appropriate and the situation does not pose any personal danger.
Ask employees to report the situation to their leaders, providing as many details as possible.
Reassure all employees that they should come forward without fear of embarrassment or reprisal. Make sure they understand that those who receive these reports are competent to do so.
Be aware of diversity and inclusivity issues. This can help you avoid social exclusion, especially where mental health concerns are a factor.
Complaints
Make sure employees know:
- Who to talk to if they believe they are being harassed or bullied.
- What the specific procedures are for reporting an incident when the alleged harasser or bully is a superior.
- That, if the organization chooses, the process allows for the use of a personal advocate. People experiencing mental health issues often don't have the stamina to engage in this process on their own.
- How to initiate a complaint, either formally or informally.
- How they will be protected.
- How vexatious or frivolous complaints with malicious intent will be addressed.
- What will be expected of them in an investigation.
- How long the resolution process of the complaint could take.
Investigation
Make sure employees know:
- Who will conduct the investigation.
- How the complaint will be investigated.
- The rights of involved parties to representation.
- The timeline for investigation.
- The mechanism for appealing a decision.
Positive conflict resolution should ensure that, at minimum, the following guidelines are followed:
- Avoid blaming or shaming those involved by focusing on the solution rather than the problem.
- Include options to resolve a complaint either formally or informally.
- Be fair and equitable, and allow the alleged bully or harasser a chance to respond.
- Ensure confidentiality of all parties.
- Facilitate a quick resolution.
- Ensure any written resolution uses plain language.
- Appoint a contact person for informal inquiries, concerns, or complaints. They can help deal with incidents before they escalate.
- Initiate steps to prevent or reduce workplace bullying and harassment by developing a culture of support. It should focus on:
- Resolving workplace issues.
- Improving the quality of performance feedback.
- Ensuring that all employees are treated fairly and reasonably.
- Communicating openly at all levels.
- Increasing management accountability by setting goals.
- Ensuring effective reporting structures.
- Seeking help from outside resources where necessary.
Provide training
- Leadership development should integrate bullying and harassment prevention. Ensure your leadership training includes education on workplace bullying and harassment. Include the types of behaviours, how to spot the early signs, and how to respond effectively.
- Psychologically safe interactions workshop is a set of resources available to help raise awareness of management, union, and employees. It also provides a process to develop an agreement for respectful interaction.
- Provide conflict resolution and emotional intelligence training for all managers. The training should specifically consider employee mental health concerns. See Conflict response for leaders and Emotional intelligence for leaders.
- Examine the leadership styles most often used in your workplace and how these can affect the prevalence of bullying and harassment?
- Command-and-control style leaders (those who focus on rewards and punishments) and leaders who rarely comment on performance or give feedback. They are both shown to increase the likelihood of harassment and bullying at work. Research shows that transformational leaders (those who inspire and support their staff) generally have better results.
- Conduct facilitated group sessions that reinforce the company's anti-bullying policy but also encourage all employees at all levels to think about how their workplace behaviours impact others.
Some of the material in this section has been adapted from Hoel et al., (2010).
If you have an employee who is dealing with what they perceive to be bullying behavior, you may wish to share Protecting ourselves against bullying.
The cost of bullying in the workplace
In 2004, Stats Canada (De Léséleuc, 2004) released a report called Criminal Victimization in the Workplace, which showed:
Nearly 1 in 5 incidents of violent victimization, including physical assault, sexual assault, and robbery, occurred in the victim's workplace.
- 71% of the workplace violent incidences were classified as physical assaults.
- Men and women were equally likely to have reported experiencing workplace violence.
- 27% of incidents involving male victims resulted in injuries, compared to 17% of those involving female victims.
A 2012 Workplace Bullying survey of 552 full-time Canadians (CareerBuilder, 2012) found the following:
- 45% of respondents said they were bullied.
- Sources of bullying were:
- 24% co-worker
- 23% immediate boss
- 17% higher manager
- 17% external (e.g. customers)
- Only 1 in 3 workers reported bullying to HR.
- 1 in 3 bullied workers said it caused health problems.
- 26% of bullied workers quit their jobs to stop the bullying.
A 2014 survey (Angus Reid, 2014) found that among 1,504 randomly selected Canadians, reported the following:
- 3 in 10 Canadians (28%) say they have been on the receiving end of unwelcomed sexual advances while on the job.
- For 1 in 7 adults, the experience has been more than innuendo or talk.
- 4 in 5 who say they have had an unwanted experience never actually reported the behaviour to their employers.
- 75% of Canadians say that the issues of sexual harassment in the workplace are important and should get more attention. Most (76%) believe it is widespread or at least a common occurrence.
Despite the overwhelming propensity not to report, it is notable that roughly 1 in 5 who did report found that the employers were “responsive and conducted a serious investigation and took proper action” (40% sexual harassment and 42% non-consensual sexual contact).
Workplace policies and protocols can play a significant role in reducing harassment and the associated negative health outcomes (Khubchandani & Price, 2015).
Exit interviews
Some employees will leave the organization without ever sharing that it was bullying, harassment or discrimination that led to their leaving. Left uncovered, these situations can cause more turnover and potentially, litigation. Exit interviews, if conducted in a safe and supportive way, can uncover some of these situations.
The interview may ask questions such as:
- Were you aware of any harassment, bullying or discrimination happening in this organization?
- If you could make your current position better for the next person, what would you change?
- If you could improve the culture here, what changes would you make?
- What advice would you have for anyone starting a job here?
- What could have improved to make you want to stay here?
- What advice would you have for management here to make this a place where employees would want to stay?
The answers to these questions might be difficult to hear, so the person asking should be prepared for negativity or emotion. But hearing the answers can provide information that you may otherwise not know until a situation has escalated to a crisis point.
Workshop materials
Implicit bias workshop
A self−reflection workshop that explores the attitudes and stereotypes that affect our actions, decisions and unconscious understanding towards or against a particular person or people group.
Putting organizational culture on the agenda: Creating awareness workshop
This workshop engages your team in a discussion about practical ways to create positive organizational culture. These discussions will help cultivate a psychological healthy and safe workplace.
Putting organizational culture on the agenda: Creating change workshop
This session builds on employee ideas developed in the Creating awareness workshop. The next step is to engage decision makers in reviewing employee suggestions against evidence− or practice−based approaches. The objective is to modify or create policies and procedures that improve your organizational culture.
Psychologically safe interactions workshop
Prevent bullying and increase psychological health and safety by improving awareness of how workplace behaviours may be interpreted as harmful, even when that isn’t our intention.
Additional resources
The following are links to resources that may be of interest to you.
- Employment and Social Development Canada. Provides employers with information around the requirements to prevent harassment and violence in federally regulated workplaces.
- Violence prevention. Tips for refining or creating effective and enforceable policies to prevent violence in the workplace. These strategies can help you develop and communicate policies for leaders and employees.
- Developing a Workplace Anti-harassment Policy. anti-harassment policy template was developed by the Canadian Human Rights Commission to help employers meet their human rights obligations. Information courtesy of the Canadian Human Rights Commission.
- Workplace Violence and Harassment: Understanding the Law. This guide explains what every worker, supervisor, employer and constructor need to know about workplace violence and workplace harassment requirements in the Ontario Occupational Health and Safety Act. Information courtesy of the Occupational Health and Safety Brand, Ontario Ministry of Labour.
- Bullying in the Workplace. The Canadian Centre for Occupational Health and Safety (CCOHS) provides a description of bullying, its effect on the workplace and steps employers can take to address workplace bullying as well as some of the laws and legislation in effect to protect individuals from workplace bullying. Information courtesy of the Canadian Centre for Occupational Health and Safety.
- Anger. Anger can be a very difficult emotion because of our upbringing, societal norms and our fear of the intensity this emotion can bring. Anger is a valuable emotion; it’s our reaction to it that we may need to adjust to prevent harm to ourselves and others.
- Violence response for leaders. Questions for assessing an employee's propensity for violence in the workplace. Consider recommending that the employee see a trauma counsellor.